Disposed¶22

Dinabandhu Mishra v. Union of India

Orissa HC16 Aug 2024WP(C)/38593/2023

Case brief

AI extract

What is this about?

Withdrawal of writ petition; High Court of Orissa; W.P.(C) No.38593 of 2023; Dinabandhu Mishra v. Union of India; Articles 226 & 227 Constitution of India; Ordnance Factory Badmal Vigilance Office order dated 28.09.2023; grievance petition dated 22.08.2023; General Manager OF Badmal not Competent Authority; review petition consideration; penalty devoid of allegation of charges; maintainability objection; Central Administrative Tribunal jurisdiction; liberty to approach appropriate authority; M.S. Raman, Judge; order dated 16.08.2024; disposed of as withdrawn.

What did the court decide?

Permission to withdraw the writ petition, with liberty to the petitioner to approach the appropriate authority, if so advised. ¶22

Dinabandhu Mishra Vs Union of India — Writ and Judicial Review | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.38593 of 2023

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Dinabandhu Mishra …. Petitioner

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Mr. Ashis Kumar Mishra, Advocate

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-versus-

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Union of India and others

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…. Opposite Parties Mr. P.K. Parhi, DSGI along with Mr. B.K. Pardhi, CGC

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

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Order No. 04.

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ORDER 16.08.2024

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This matter is taken up through Hybrid Mode.

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Challenging the order dated 28.09.2023 issued by the Ordnance Factory, Badmal (Vigilance Office) considering the grievance petition dated 22.08.2023, which reflects that the General Manager, OF Badmal is not the Competent Authority in respect of the request made by the petitioner in the grievance petition, the petitioner has approached this Court by way of filing this writ petition invoking provisions under Articles 226 & 227 of the Constitution of India with the following prayer (s):-

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“Under these circumstances, it is just and necessary in the interest of justice that this Hon’ble Court may be pleased to:

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a) direct the opposite party no.4 to consider the review petition of the present petition within a stipulated period of time;

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b) direct the O.P. No.2 to send all the records in related to the issue of the present petitioner to the O.P. No.4;

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c) issue notice to the opposite parties to show cause before the Hon’ble Court that why they have imposed a penalty devoid from the allegation of charges;

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Page 1 of 2

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d) pass such other or further orders as this Hon’ble Court may deem fit and proper.”

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Heard Mr. Ashis Kumar Mishra, learned counsel appearing for the petitioner and Mr. P.K. Parhi, learned Deputy Solicitor General of India along with Mr. B.K. Pardhi, learned Central Government Counsel appearing for the opposite parties-Union of India.

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P.K. Parhi, learned Deputy Solicitor General of India appearing for the opposite parties-Union of India raised objection that the grievance of the petitioner is rejected on the ground that the General Manager has no Authority and jurisdiction to consider the grievance. Such a stand of the Ordnance Factory, Badmal is objected to by the petitioner. The grievance can only be addressed to by the Central Administrative Tribunal having jurisdiction. Therefore, the writ petition is not maintainable.

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At this stage, Mr. Ashis Kumar Mishra, learned counsel appearing for the petitioner states that the petitioner may be permitted to withdraw this writ petition with liberty to approach the appropriate authority.

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In view of the above submissions made by the learned counsel for the parties, the writ petition stands disposed of as withdrawn. The petitioner is at liberty to approach the appropriate authority, if he is so advised.

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Signature Not Verified

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Digitally Signed Laxmikant Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-Aug-2024 18:25:10

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(M.S. Raman) Judge

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Dinabandhu Mishra v. Union of India

Case brief

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Dinabandhu Mishra v. Union of India

Case brief

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